Common use of Agreements and Transactions with Related Parties Clause in Contracts

Agreements and Transactions with Related Parties. Except as disclosed on Schedule 3.21, neither the Company nor any Subsidiary is, and since the date of the Company Balance Sheet has not been, a party to any contract, agreement, lease or transaction with, or any other commitment to, (a) a shareholder, (b) any person related by blood, adoption or marriage to shareholder, (c) any director or officer of the Company or any Subsidiary, (d) any corporation or other entity in which any of the foregoing parties has, directly or indirectly, at least five percent (5%) beneficial interest in the capital stock or other type of equity interest in such corporation or other entity, or (e) any partnership in which any such party is a general partner or a limited partner having a five percent (5%) or more interest therein (any or all of the foregoing being herein referred to as a “Related Party” and collectively as the “Related Parties”). Without limiting the generality of the foregoing, except as set forth on Schedule 3.21, (a) no Related Party, directly or indirectly, owns or controls any assets or properties which are or have since the date of the Company Balance Sheet been used in the business of the Company or any Subsidiary and (b) no Related Party, directly or indirectly, engages in or has any significant interest in or connection with any business: (i) which is or which within the last two (2) years has been a competitor, customer or supplier of, or has done business with, the Company or any Subsidiary or (ii) which as of the date hereof sells or distributes products or provides services which are similar or related to the products or services of the Company or any Subsidiary.

Agreements and Transactions with Related Parties. Except as disclosed on Schedule 3.213.21 or in the SEC Reports, neither the Company nor any Subsidiary is, and since the date of the Company Balance Sheet has not been, a party to any contract, agreement, lease or transaction with, or any other commitment to, (a) a shareholder, (b) any person related by blood, adoption or marriage to shareholder, (c) any director or officer of the Company or any Subsidiary, (d) any corporation or other entity in which any of the foregoing parties has, directly or indirectly, at least five percent (5%) beneficial interest in the capital stock or other type of equity interest in such corporation or other entity, or (e) any partnership in which any such party is a general partner or a limited partner having a five percent (5%) or more interest therein (any or all of the foregoing being herein referred to as a “Related Party” and collectively as the “Related Parties”). Without limiting the generality of the foregoing, except as set forth on Schedule 3.21, (a) no Related Party, directly or indirectly, owns or controls any assets or properties which are or have since the date of the Company Balance Sheet been used in the business of the Company or any Subsidiary and (b) no Related Party, directly or indirectly, engages in or has any significant interest in or connection with any business: (i) which is or which within the last two (2) years has been a competitor, customer or supplier of, or has done business with, the Company or any Subsidiary or (ii) which as of the date hereof sells or distributes products or provides services which are similar or related to the products or services of the Company or any Subsidiary.

Agreements and Transactions with Related Parties. (a) Except as disclosed on Schedule 3.21set forth in the DISCLOSURE SCHEDULES, neither the Company nor any Subsidiary is, and since the date of the Company Balance Sheet has is not been, directly or indirectly a party to any contract, agreement, agreement or lease or transaction with, or any other commitment to, (a) a shareholderany Person owning, or formerly owning, beneficially or of record, directly or indirectly, any of the Shares of or other equity interest in the Company, (b) any person related by blood, adoption or marriage to shareholderAffiliate of such Person, (c) any director or officer of the Company or any SubsidiaryCompany, (d) any corporation or other entity Person in which any of the foregoing parties Persons has, directly or indirectly, at least five a three percent (53.0%) beneficial interest in the capital stock or other type of equity interest in of such corporation or other entityPerson, or (e) any partnership in which any such party of the foregoing Persons is a general partner or has at least a limited partner having a five three percent (53.0%) or more beneficial interest therein (any or all of the foregoing being herein referred to herein as a “Related Party” and collectively as the “Related Parties”"RELATED PARTIES"). Without limiting the generality of the foregoing, except as set forth on Schedule 3.21in the DISCLOSURE SCHEDULES, (ax) no Related Party, directly or indirectly, owns or controls any assets or properties which are or have since the date of the Company Balance Sheet been used in the business of the Company or any Subsidiary Company's business, and (by) no Related Party, directly or indirectly, engages in or has any significant interest in or connection with any business: business (i) which is or which within the last two (2) three years has been a competitor, customer or supplier of, of the Company or has done business withwith the Company, the Company or any Subsidiary or (ii) which as of the date hereof sells or distributes products or provides services which are similar or related to the Company's products or services of the Company or any SubsidiaryServices.

Agreements and Transactions with Related Parties. Except as disclosed on Schedule 3.21set forth in SCHEDULE 4.24, neither the Company nor any Subsidiary isPartnership, Companies and since the date of the Company Balance Sheet has General Partner are not been, a party parties to any contract, agreement, agreement or lease or transaction with, or any other commitment to, (a) a shareholderany party owning, or formerly owning, beneficially or of record, directly or indirectly, any of the Partnership Interests or Shares, (b) any person related by blood, adoption or marriage to shareholderany such party, (c) any director or officer of the Company General Partner or any SubsidiaryPartnership, (d) any corporation or other entity Person in which any of the foregoing parties has, directly or indirectly, at least a five percent (5%) beneficial interest in the capital stock or other type of equity interest in such corporation or other entityPerson, or (e) any partnership in which any such party is a general partner or a limited partner having a five percent (5%) or more interest therein (any or all of the foregoing being herein referred to as a “Related Party” and collectively as the “Related Parties”"RELATED PARTIES"). Without limiting the generality of the foregoing, except as set forth on Schedule 3.21disclosed in SCHEDULE 4.24, or as would be permitted pursuant to PARAGRAPH 6.4, (ax) no Related Party, directly or indirectly, owns or controls any assets or properties which are or have since the date of the Company Balance Sheet been used in the business of the Company General Partner's or any Subsidiary Partnership's businesses, and (by) no Related Party, directly or indirectly, engages in or has any significant interest in or connection with any business: business (i) which is or which within the last two (2) three years has been a competitor, customer or supplier of, of General Partner or Partnership or has done business withwith General Partner or Partnership, the Company or any Subsidiary or (ii) which as of the date hereof sells or distributes products or provides services which are similar or related to the General Partner's or Partnership's products or services of the Company or any Subsidiaryservices.

Agreements and Transactions with Related Parties. Except as disclosed on described in Schedule 3.214.20, neither the no Company nor any Subsidiary is, and or since the date of the Company Balance Sheet January 1, 2002 has not been, a party to any contract, agreement, lease or transaction with, or any other commitment to, (ai) a shareholderany Shareholder, (bii) any person related by blood, adoption or marriage to shareholderany such Shareholder, (ciii) any director or officer of the Company or any Subsidiarya Company, (div) any corporation or other entity in which any of the foregoing parties has, so far as the Shareholders are aware, directly or indirectly, at least five percent (55.0%) beneficial interest in the capital stock or other type of equity interest in such corporation or other entitycorporation, or (ev) any partnership in which any such party is is, so far as the Shareholders are aware, a general partner or a limited partner having a five percent (5%) or more interest therein (any or all of the foregoing being herein referred to as a “Related Party” and collectively as the “Related Parties”). Without limiting the generality of the foregoing, so far as the Shareholders are aware and except as set forth on disclosed in Schedule 3.21, 4.21: (aA) no Related Party, directly or indirectly, owns or controls any assets or properties which are or have since the date of the Company Balance Sheet January 1, 2002 been used in the business Business of the Company or any Subsidiary Companies, and (bB) no Related Party, directly or indirectly, engages in or has any significant interest in or in connection with any business: (i) which is or which within the last two (2) years has been a competitor, customer or supplier of, or has done business with, any of the Company or any Subsidiary Companies, or (ii) which as of the date hereof sells or distributes products or provides services which are similar or related to the products or services of any of the Company or any SubsidiaryCompanies.

Agreements and Transactions with Related Parties. Except as disclosed on ------------------------------------------------ set forth in Schedule 3.21, neither the Company nor any Subsidiary is, and since the date 3.25 of the Company Balance Sheet has Disclosure Memorandum, Seller is not been, directly or indirectly a party to any contract, contract or agreement, or lease or transaction with, or any other commitment to, (a) a shareholderany party owning, or formerly owning, beneficially or of record, directly or indirectly, any of the shares of or other equity interest in Seller, (b) any person related by blood, adoption or marriage to shareholderany such party, (c) any director or officer of the Company or any SubsidiarySeller, (d) any corporation or other entity in which any of the foregoing parties has, directly or indirectly, at least a five percent (55.0%) beneficial interest in the share capital stock or other type of equity interest in such corporation or other entitycorporation, or (e) any partnership in which any such party is a general partner or a limited partner having a five percent (5%) or more interest therein (any or all of the foregoing being herein referred to as a “Related Party” and collectively as the “Related Parties”"RELATED PARTIES"). Without limiting the generality of the foregoing, except as set forth on --------------- disclosed in Schedule 3.213.25 of the Disclosure Memorandum, (ai) no Related Party, directly or indirectly, owns or controls any assets or properties which are or have since the date of the Company Balance Sheet been used in the business of the Company or any Subsidiary Seller's Business, and (bii) no Related Party, directly or indirectly, engages in or has any significant interest in or connection with any business: business (iX) which is or which within the last two (2) three years has been a competitor, customer or supplier of, of Seller or has done business withwith Seller, the Company or any Subsidiary or (iiY) which as of the date hereof sells or distributes products or provides services which are similar or related to the Seller's products or services of the Company or any Subsidiaryservices.

Agreements and Transactions with Related Parties. Except as disclosed on Schedule 3.21set forth in SCHEDULE 3.23, neither the Company nor any Subsidiary isShengtai is not, and since the date of the Company Shengtai Balance Sheet has not been, a party to any contract, agreement, lease or transaction with, or any other commitment to, (ai) a shareholderthe Original Shareholders, (bii) any person related by blood, adoption or marriage to shareholderthe Original Shareholders, (ciii) any director or officer of the Company or any SubsidiaryShengtai, (div) any corporation or other entity in which any of the foregoing parties has, directly or indirectly, at least five percent (55.0%) beneficial interest in the capital stock or other type of equity interest in such corporation or other entity, or (ev) any partnership in which any such party is a general partner or a limited partner having a five percent (5%) or more interest therein (any or all of the foregoing being herein referred to as a “"Related Party” " and collectively as the “"Related Parties”"). Without limiting the generality of the foregoing, except as set forth on Schedule 3.21in SCHEDULE 3.23, (aA) no Related Party, directly or indirectly, owns or controls any assets or properties which are or have since the date of the Company Shengtai Balance Sheet been used in the business of the Company or any Subsidiary Shengtai, and (bB) no Related Party, directly or indirectly, engages in or has any significant interest in or connection with any business: (i1) which is or which within the last two (2) years which, since inception of Shengtai, has been a competitor, customer or supplier of, or has done business with, the Company or any Subsidiary Shengtai, or (ii2) which as of the date hereof sells or distributes products or provides services which are similar or related to the products or services of the Company or any SubsidiaryShengtai.